Doctor convicted in fentanyl overdose case sues hospital for partial liability
gettyimagesbank
A doctor found guilty of causing a patient's death by administering an excessive dose of the opioid fentanyl has filed a lawsuit against the university hospital where the incident occurred, claiming it should share responsibility for the financial damages.
According to sources on Sunday, a physician surnamed Yoon filed a lawsuit in February against a university hospital in Seoul where he worked as a resident at the time of the incident.
Yoon is demanding the hospital reimburse him for half of the settlement he paid to the deceased patient’s family.
Yoon was convicted of involuntary manslaughter and violating the Medical Service Act after prescribing a fatal overdose of fentanyl in January 2015 to a patient undergoing treatment for necrosis in the right foot.
He administered 0.5 mg of fentanyl — five to 10 times higher than the standard dose of 0.05 to 0.1 mg — which led to the patient suffering cardiac arrest and ultimately dying after a period in intensive care.
During his trial, Yoon paid a total of 550 million won ($402,000) to the victim’s family, including 500 million won in settlement and 50 million won in damages.
His sentence — two years in prison suspended for three years — was finalized in January this year, nearly a decade after the incident. Following the ruling, Yoon filed a civil suit claiming the hospital should cover half the compensation, or 275 million won.
Court documents reveal that Yoon not only made the fatal prescription but also omitted any mention of the fentanyl administration from the patient’s medical records, including the transfer and consultation reports.
However, Yoon now argues that the hospital also bears responsibility for the outcome.
In the complaint obtained by the Hankook Ilbo, Yoon claims that the hospital's order communication system (OCS) failed to flag the risk of overdose.
Before his prescription, the patient had already received three doses of 0.05 mg fentanyl in the recovery room, but this information allegedly did not appear in the OCS, leading Yoon to unknowingly prescribe another dose. His legal team argued that a technical failure in the OCS cannot be ruled out.
Yoon also accused the hospital of trying to conceal its role in the incident. According to the lawsuit, the hospital excluded him from work and limited his contact with the family immediately after the death.
An internal review board decided not to disclose any judgment on medical error unless prompted by the family, and the hospital never informed them about the fentanyl overdose.
As a result, Yoon says he was left to take full responsibility, while the hospital avoided liability despite engaging in what he calls a joint wrongful act.
“The hospital, as a large general hospital, has a duty to support its physicians and ensure safe medical practice through systems like insurance coverage,” Yoon’s legal filing states. “It is unfair to place the entire burden of responsibility on Dr. Yoon. It is reasonable to divide the responsibility equally between him and the hospital.”
An official from the hospital declined to comment, citing the ongoing legal process. Yoon’s legal team also said that it could not provide further comment at this time.
This article from the Hankook Ilbo, the sister publication of The Korea Times, is translated by a generative AI and edited by The Korea Times.